Pinckney Walker to [For Mr. Benjamin’s letter to Mr. Fullarton, of October 8, 1863, see enclosure 2 in No. 8.], October 9, 1863
Acting Consul Walker to Earl Russell.—(Received November 27.)
My Lord: I have the honor to enclose to your lordship a copy of the official publication of the state department of the so called Confederate States in reference to the recent orders for the removal of her Majesty’s consuls from the confederacy.
It commences with a despatch from Mr. Benjamin to Mr. Slidell, which may not otherwise fall under your lordship’s notice. In this, among other things, he insists that her Majesty’s consuls at this port and Savannah have interfered with confederate enlisted soldiers, and with the execution of the confederate laws, and declares that the despatch is sent to Mr. Slidell to enable him to give such explanation of the confederate act in expelling her Majesty’s consuls as will obviate the belief of its having arisen from a different cause.
In connexion with this subject I pray your lordship to permit me to offer a few remarks.
In the despatch referred to Mr. Benjamin refers to the act of the confederate congress, passed in April, 1862, directing “a draft for the army” of the Confederate States.
I beg to call your lordship’s attention to these facts: that the law referred to is entitled “An act to further provide for the public defence;” that it is universally known as “the Conscription Act,” and those who enter the army under its provisions as “conscripts,” and those who receive and instruct them as “commandants of conscripts” and those who gather them as “enrolling officers.” The word “draft” is not to be found in the act, nor is it ever understood as applicable to those who enter the service under it. For your lordship’s further information on this point I transmit herewith a copy of the act.
Upon the subsequent call of the president of the so-called Confederate States upon the governors of the several States for additional troops to be employed in confederate service within their limits, they for the most part undertook to reorganize the militia of the States over which they presided; they also called for volunteers, and announced that drafts would take place from the newly organized militia to make up the number asked of them, should volunteering not supply it.
The advice which I have given, and to which Mr. Benjamin takes exception, was given on the eve of this new militia organization, and the word “drafted” as used by Mr. Fullarton has reference to the performance of that operation by the State authorities, and cannot fairly be tortured into a connexion with “enlisted men” nor “confederate laws.” I will state moreover that those who have applied to me for counsel and direction I have regarded as involuntary inhabitants; the continuance of the blockade and the existence of military lines having forbade their evacuation of the country.
I trust your lordship will forgive me for this digression, which I venture to make in order to expose the special pleading of Mr. Benjamin, whereby, as it seems to me, he seeks unjustly to cast odium on her Majesty’s government and upon her consular officers.
I have, &c.,